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Hunter v. State

Court of Appeals of Texas, Fifth District, Dallas
Aug 24, 2021
No. 05-21-00686-CR (Tex. App. Aug. 24, 2021)

Opinion

05-21-00686-CR

08-24-2021

JOSEPH WAYNE HUNTER, Appellant v. THE STATE OF TEXAS, Appellee


Do Not Publish TEX. R. APP. P 47.2(b)

On Appeal from the 265th Judicial District Court Dallas County, Texas Trial Court Cause No. F13-56295-R

Before Justices Schenck, Reichek, and Carlyle

MEMORANDUM OPINION

CORY L. CARLYLE, JUSTICE

Joseph Wayne Hunter seeks to challenge the trial court's January 15, 2021 denial of his motion for forensic DNA testing and for the appointment of counsel. On August 9, 2021, he filed a motion for an extension of time to file his notice of appeal. We dismiss this appeal.

Our appellate jurisdiction is triggered through a timely notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). If a notice of appeal is not timely filed, we do not have jurisdiction to address the merits of the appeal and may take no action other than dismissal. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); TEX. R. APP. P. 26.2(a). An appeal from the denial of a motion for DNA testing is treated in the same manner as an appeal from any other criminal matter. TEX. CODE CRIM. PROC. art. 64.05. Rule 26.2(a) requires that, absent a timely motion for new trial, a notice of appeal must be filed within thirty days after the date the trial court enters an appealable order. Appellant did not file his notice of appeal within thirty days of the trial court's order because, according to him, he did not receive timely notice of the trial court's ruling. However, appellant's assertion of lack of timely notice does not affect our appellate timetable. See Davis v. State, 502 S.W.3d 803, 803 (Tex. Crim. App. 2016); Ex parte Suhre, 185 S.W.3d 898, 899 (Tex. Crim. App. 2006).

Because we have no jurisdiction, we dismiss the appeal. See TEX. R. APP. P. 43.2(f).

JUDGMENT

Based on the Court's opinion of this date, we DISMISS this appeal.


Summaries of

Hunter v. State

Court of Appeals of Texas, Fifth District, Dallas
Aug 24, 2021
No. 05-21-00686-CR (Tex. App. Aug. 24, 2021)
Case details for

Hunter v. State

Case Details

Full title:JOSEPH WAYNE HUNTER, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Aug 24, 2021

Citations

No. 05-21-00686-CR (Tex. App. Aug. 24, 2021)